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authorV3n3RiX <venerix@redcorelinux.org>2018-03-25 19:22:13 +0100
committerV3n3RiX <venerix@redcorelinux.org>2018-03-25 19:22:13 +0100
commit6bd95d1f6320b8666a31ec949183aaa3088aa16f (patch)
treeff9f0cde8bfba5191f96c690c269c814c134a51e /licenses/supermicro
parentb279bbe94522565b8feb19b8e5f377d3ea76f157 (diff)
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+End User License Agreement (EULA)
+
+ IMPORTANT - READ CAREFULLY BEFORE INSTALLING:
+
+ THIS END-USER LICENSE AGREEMENT is a legal contract between SUPER MICRO
+ COMPUTER, INC. ("SUPERMICRO") and the individual or entity which
+ downloads, installs or otherwise uses the attached SUPERMICRO software
+ product ("the Software ").
+
+ BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, WHICH
+ WILL INSTALL THE ATTACHED SOFTWARE, OR BY OTHERWISE INSTALLING OR USING
+ THE SOFTWARE, THE INDIVIDUAL OR ENTITY WHICH INSTALLS OR USES THE SOFTWARE
+ ("LICENSEE") AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
+ NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON
+ AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
+
+ 1. License: This Agreement grants you, the Licensee, a limited,
+ non-exclusive, global, non-transferable license to download the Software,
+ install on SUPERMICRO's products, and distribute the Software in
+ combination with SUPERMICRO's products ("License").
+
+ 2. General Public License/Lesser General Public License. Certain
+ components of the Software may be subject to the GNU GPL or LGPL terms and
+ conditions available for viewing at http://www.gnu.org/copyleft/gpl.html
+ and http://www.gnu.org/copyleft/lesser.html or as otherwise designated. To
+ the extent you receive Software under this License which contains
+ components subject to the GPL or LGPL terms, you agree to be bound by all
+ the terms and restrictions therein including keeping all copyright notices
+ in tact for the duration of your use of the Software and modifying and/or
+ redistributing such components only in accordance with the terms of the
+ GNU GPL or LGPL terms.
+
+ 3. Restrictions: The Licensee may NOT sublicense, assign, reproduce or
+ distribute copies of the Software to others except as otherwise provided
+ herein. The Software contains trade secrets. The Licensee may NOT
+ decompile, reverse engineer, disassemble, or otherwise reduce the Software
+ to a human readable form. THE LICENSEE MAY NOT MODIFY, ADAPT, TRANSLATE,
+ RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR
+ TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE
+ OR ANY PART THEREOF, EXCEPT AS EXPRESSLY AGREED TO IN WRITING BY
+ SUPERMICRO.
+
+ 4. Copyright Protection: Except to the extent the Software was licensed to
+ SUPERMICRO by its licensor, the Software and all related documentation are
+ owned by SUPERMICRO and are protected by United States' copyright laws and
+ international treaty provisions. Any copying or redistribution, except as
+ expressly permitted by this Agreement is a violation of the law. You may
+ not remove or alter any copyright, trade secret, patent, trademark, trade
+ name, logo, product designation or other proprietary and/or other legal
+ notices contained in or on the Software. These legal notices must be
+ retained on any copies of the Software. Except as otherwise expressly
+ provided, this License grants no express or implied rights under the
+ respective patents, copyrights, trademarks or other intellectual property
+ rights of SUPERMICRO or its licensors.
+
+ 5. Termination: This License is effective until terminated. This License
+ will terminate immediately without notice from SUPERMICRO if the Licensee
+ fails to comply with any of its provisions. Upon termination the Licensee
+ must destroy the Software and all copies thereof, and the Licensee may
+ terminate this License at any time by doing so.
+
+ 6. No Warranty: THE SOFTWARE IS DELIVERED TO LICENSEE "AS-IS". SUPERMICRO
+ AND ITS SUPPLIERS AND RESELLERS MAKE NO WARRANTY AS TO THE USE OR
+ PERFORMANCE OF THE SOFTWARE OF ANY KIND. SUPERMICRO AND ITS SUPPLIERS AND
+ RESELLERS DO NOT WARRANT THAT THE SOFTWARE IS FREE OF DEFECTS,
+ MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD
+ PARTY RIGHTS, AND DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED,
+ WITH RESPECT TO THE SOFTWARE, ITS USE, PERFORMANCE OR APPLICATION, THE
+ DISKETTE OR OTHER TANGIBLE MEDIA ON WHICH THE SOFTWARE IS DELIVERED, OR
+ ANY INFORMATION PROVIDED REGARDING THE SOFTWARE.
+
+ 7. Limitation of Liability: IN NO EVENT WILL SUPERMICRO OR ITS LICENSORS
+ BE LIABLE TO LICENSEE FOR ANY DAMAGES INCLUDING ANY LOST PROFITS, LOST
+ SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUPERMICRO
+ OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
+ FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL THE LIABILITY OF
+ SUPERMICRO OR ITS LICENSORS, WHETHER IN CONTRACT, TORT (INCLUDING
+ NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU
+ UNDER THIS LICENSE.
+
+ 8. General: California law, except as to copyright matters, which are
+ covered by Federal law, and its principals of conflict of laws, shall
+ govern this Agreement. This Agreement will not be governed by the conflict
+ of law rules of any jurisdiction or the United Nations Convention of
+ Contracts for the Sale of Goods. The parties hereby consent to the
+ exclusive personal jurisdiction of and venue in a court of competent
+ jurisdiction located in Santa Clara County is the State of California. Any
+ cause of action or claim with respect to the Software provided under this
+ Agreement must be commenced within one (1) year after the claim or cause
+ of action arises or such claim or cause of action is barred. Should any
+ provision of this Agreement be declared unenforceable by a court of
+ competent jurisdiction, then such provision shall be deemed severable from
+ this Agreement and changed and interpreted so as to best accomplish the
+ objectives of the original provision to the fullest extent allowed by law.
+ Such an event shall not affect the remainder hereof and the remaining
+ provisions shall remain in full force and effect. SUPERMICRO reserves all
+ rights in the Software not specifically granted in this Agreement. The
+ Licensee agrees to indemnify, defend and hold SUPERMICRO harmless from any
+ and all expenses, judgments, penalties, or other liabilities by reason of
+ its failure to comply with any provisions under this Agreement.
+
+ 9. Export Regulations. All Software and technical data delivered under
+ this License are subject to U.S. export control laws and may be subject to
+ export or import regulations in other countries. You may not use or
+ otherwise export or re-export the Software except as authorized by U.S.
+ law and the laws of the jurisdiction in which the Software was obtained.
+ You agree to comply strictly with all such laws and regulations and
+ acknowledge that the Software may not be exported or re-exported (i) into
+ (or to a national or resident of) any U.S. embargoed country or (ii) to
+ anyone on the U.S. Treasury Department's list of Specially Designated
+ Nationals or the U.S. Commerce Department's Table of Denial Orders (each,
+ a "List"). By using the Software, you represent and warranty that you are
+ not located in, under the control of, or a national or resident of any
+ such country or on any such List.
+
+ 10. Acknowledgment and Exclusivity. LICENSEE ACKNOWLEDGES THAT IT HAS READ
+ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
+ CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE
+ STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEDES ANY PROPOSAL OR
+ PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE
+ PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. No provision
+ appearing on any form originated by Licensee shall be applicable or have
+ any force or effect unless such provision is expressly accepted in writing
+ by an officer of SUPERMICRO. This Agreement cannot be modified by purchase
+ orders or other forms, advertisements, or oral or written representations
+ of representatives of Licensee or SUPERMICRO, or anyone else, unless a
+ written amendment has been signed by a SUPERMICRO officer.